Mental Treatment Act, 1961

Amendment of section 163 of Principal Act.

7.—(1) The following subsection is hereby substituted for subsection (1) of section 163 of the Principal Act:

“(1) Where application is made for a recommendation for reception—

(a) in case the registered medical practitioner to whom the application is made has visited and examined the person to whom the application relates within twenty-four hours before receipt of the application, either—

(i) if he is satisfied that it is proper to make the recommendation and is of opinion that the person to whom the application relates will, if received, be a chargeable patient, he shall make the recommendation in the prescribed form, or

(ii) in any other case, he shall refuse the application,

(b) in any other case—

(i) the registered medical practitioner to whom the application is made may (or, if he is the authorised medical officer, shall) within twenty-four hours after receipt of the application visit and examine the person to whom the application relates, and

(ii) after such examination, either—

(I) if he is satisfied that it is proper to make the recommendation and is of opinion that the person to whom the application relates will, if received, be a chargeable patient, he shall make the recommendation in the prescribed form, or

(II) in any other case, he shall refuse the application.”

(2) In paragraph (a) of subsection (2) of section 163 of the Principal Act “registered medical practitioner” is hereby substituted for “authorised medical officer” and “either, in case the examination was made before the date of receipt of the application for the recommendation, on the date of such receipt or, in any other case,” is hereby inserted before “on the date of such examination”.

(3) In paragraph (c) of subsection (2) of section 163 of the Principal Act “registered medical practitioner” is hereby substituted for “authorised medical officer”.